Moderna Sues Pfizer Over COVID Vaccine

Moderna is filing a lawsuit against Pfizer-BioNTech in U.S. and German courts on Friday. They are alleging patent infringement during the development of their COVID vaccine.

Pfizer's vaccine was the first to be approved for emergency use and it has been given hundreds of millions of times in the nearly two years since it was approved. The two pharmaceutical giants used the same technologies to create their vaccines and Moderna arguest Pfizer did not have the right to use it.

“We are filing these lawsuits to protect the innovative mRNA technology platform that we pioneered, invested billions of dollars in creating, and patented during the decade preceding the COVID-19 pandemic,” said Stéphane Bancel, chief executive officer of Moderna. “This foundational platform, which we began building in 2010, along with our patented work on coronaviruses in 2015 and 2016, enabled us to produce a safe and highly effective COVID-19 vaccine in record time after the pandemic struck.”

“As we work to combat health challenges moving forward, Moderna is using our mRNA technology platform to develop medicines that could treat and prevent infectious diseases like influenza and HIV, as well as autoimmune and cardiovascular diseases and rare forms of cancer,” he said.

Pfizer released a statement Friday stating they were surprised by the lawsuit.

“Pfizer/BioNTech has not yet fully reviewed the complaint but we are surprised by the litigation given the Pfizer/BioNTech COVID-19 Vaccine was based on BioNTech’s proprietary mRNA technology and developed by both BioNTech and Pfizer,” the company said. “We remain confident in our intellectual property supporting the Pfizer/BioNTech vaccine and will vigorously defend against the allegations of the lawsuit.”

Moderna does not want the vaccine to stop being used, they just want some compensation. That makes sense, right?

It always comes down to money. 

“Moderna expects Pfizer and BioNTech to compensate Moderna for Comirnaty®’s ongoing use of Moderna’s patented technologies,” said Moderna’s chief legal officer Shannon Thyme Klinger. “Our mission to create a new generation of transformative medicines for patients by delivering on the promise of mRNA science cannot be achieved without a patent system that rewards and protects innovation.

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